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ORDINANCE ON DIPLOMATIC TITLES AND RANKS

ORDINANCE ON DIPLOMATIC TITLES AND RANKS

In order to raise the effectiveness of the activities in external relations of the State of the Socialist Republic of Vietnam, step by step formalize the Diplomatic Service, and standardize the contingent of government employees in the Vietnam Diplomatic Service to make it conform with international law and practice;

Pursuant to Articles 84, 91 and 103 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the 6th session of the IXth National Assembly on legislative work in 1995;

This Ordinance provides for the diplomatic titles and ranks of Vietnam,

Chapter I

GENERAL PROVISIONS

Article 1.- The diplomatic titles are State titles conferred on the government employees of the Diplomatic Service to meet the demand of external relations in the country and abroad.

Article 2.- All the government employees who are working in the Diplomatic Service and who meet the political, moral, and diplomatic professional criteria and the necessary qualifications to work in the external relations domain, shall be considered for conferment of diplomatic titles and assigned to a diplomatic rank as provided for in this Ordinance.

Article 3.- The holder of a diplomatic title must unceasingly train and study with a view to raising his/her standard and capacity in all fields, actively contribute to the building and development of the Vietnam diplomacy, preserve the qualities and honor of the government employees of the Vietnam diplomatic service, and shall take responsibility before the State and law for the implementation of his/her tasks and powers.

Article 4.- In this Ordinance, the Diplomatic Service is understood to include the agencies and organizations belonging to the Ministry for Foreign Affairs.

Chapter II

DIPLOMATIC TITLES AND RANKS, RELATIONS BETWEEN DIPLOMATIC TITLES AND DIPLOMATIC POSTS

Article 5.- The system of the Vietnam diplomatic titles and ranks is defined as follows:

The high diplomatic ranks include:

- The Ambassador title;

- The Minister title;

- The Counsellor title.

The intermediate diplomatic ranks include:

- The First Secretary title;

- The Second Secretary title.

The primary diplomatic ranks include:

- The Third Secretary title;

- The Attache title.

Article 6.- The holder of a diplomatic title shall retain this title when assigned to work abroad in his/her diplomatic capacity or consular capacity.

Article 7.- The holder of a diplomatic title when assigned to work at another agency or organization, or on his/her retirement, shall be allowed to keep this diplomatic title and rank as a mark of honor of the diplomatic service.

Article 8.-

1. The government employee of another agency or organization assigned to work at the Diplomatic Service shall be considered for conferment of a diplomatic title if he/she meets the criteria defined in this Ordinance.

2. The holder of a diplomatic title who was assigned to another agency or organization and who is now re-assigned to the Diplomatic Service, shall be considered for conferment of the diplomatic title commensurate with his/her present standard.

Article 9.-

1. The diplomatic post is a post assigned to a government employee having the diplomatic capacity and working at a diplomatic representation of Vietnam in a foreign country or a permanent mission of Vietnam at an inter-governmental international organization.

2. The diplomatic posts of Vietnam comprise:

- Ambassador Extraordinary and Plenipotentiary, Minister Extraordinary and Plenipotentiary, Charge d'Affaires, Head of the Permanent Mission at an inter-governmental international organization;

- Minister;

- Minister Counsellor;

- Counsellor;

- First Secretary;

- Second Secretary;

- Third Secretary;

- Attache.

Article 10.-

1. The holder of a diplomatic title when assigned to work at a representation of the Socialist Republic of Vietnam in a foreign country shall be assigned to a diplomatic or consular post corresponding to his/her diplomatic title. As may be necessitated by work, the holder of a diplomatic title may be assigned to a diplomatic or consular post higher or lower than his/her diplomatic title.

2. The holder of a diplomatic title from the Counsellor title upward may be assigned to head a permanent representation of the Socialist Republic of Vietnam abroad. On his/her return to the country after completion of his/her term of office, he/she shall hold the diplomatic title conferred before the assignment.

Article 11.- In the external relations activities, the holders of diplomatic titles shall be arranged according to the order of the diplomatic or consular posts. Among the holders of diplomatic titles with the same diplomatic or consular posts, the holders of higher diplomatic titles, or if they hold the same title, the more senior shall be placed on a higher rank in the arrangement.

Article 12.- The government employees of other agencies or organizations who are assigned to work at the representation of the Socialist Republic of Vietnam in a foreign country, if they meet all the criteria prescribed by law and as may be required by work, shall be considered for appointment to a diplomatic or consular post in order to carry out the work of the representation.

Chapter III

CRITERIA FOR DIPLOMATIC TITLES, NOMINATION, PROMOTION, DEMOTION AND REVOCATION OF DIPLOMATIC TITLES

Article 13.- The government employees of the Diplomatic Service - who meet these criteria: loyal to the socialist Vietnamese Motherland; who have good political and moral qualities; who firmly grasp and are capable of correctly implementing the internal and external policies of the Party and the State; who have the university level in education, and the higher level in politics; who have been formally trained in the diplomatic career; who have good command of at least one foreign language; who have worked in the Diplomatic Service for at least ten years; who have accumulated a good amount of experience in external relations work; who are ministers, vice-ministers or an equivalent post, heads or deputy heads of departments or equivalent post; who are high-level specialists or who have headed a representation of the Socialist Republic of Vietnam abroad; and who have made worthy contributions to the diplomatic activities of Vietnam - may be considered for nomination as Ambassador.

Article 14.- The government employees of the Diplomatic Service - who meet these criteria: loyal to the socialist Vietnamese Motherland; who have good political and moral qualities; who are capable of correctly implementing the internal and external policies of the Party and State; who have the university degree in education and the secondary and higher level in politics; who have been trained in the diplomatic career; who can use at least one foreign language; who have worked in the Diplomatic Service for at least 8 years; who have accumulated experience in external relations work; who are heads of departments or deputy heads of departments or equivalent posts; who are high-level specialists, chief specialists or specialists - may be considered for nomination to the title of Counsellor or Minister.

Article 15.-

1. The government employees of the Diplomatic Service - who meet these criteria: loyal to the socialist Vietnamese Motherland; who have good political and moral qualities; who are capable of implementing the internal and external policies of the Party and State; who have the university degree in education and the secondary level in politics; who have been trained in the diplomatic career; who can use one foreign language; who have worked at least for five years in the Diplomatic Service; who have a steady knowledge in a specialized branch; who are chief specialists or specialists - may be considered for nomination to the title of Second Secretary or First Secretary.

2. The government employees of the Diplomatic Service - who meet the criteria defined in Item 1 of this Article and who have worked at least three years in the Diplomatic Service and who are specialists - may be considered for nomination to the title of Attache or Third Secretary.

Article 16.- The nomination, promotion, demotion and revocation of the diplomatic titles and ranks come under the competence of the President of the Republic.

Article 17.- The Prime Minister shall set up the Consultancy Council on diplomatic titles and ranks, and shall define the functions, tasks, powers and organization of the apparatus and the working statute of this Council.

Article 18.-

1. The promotion to a diplomatic title or rank shall be done when required by the external relations work and shall be based on the criteria defined in Articles 13, 14 and 15 of this Ordinance.

2. The holder of a diplomatic title who accomplishes his/her tasks in an outstanding manner, and when required by the external relations work, may be considered for promotion to a diplomatic rank beyond the usual rank.

Article 19.- A government employee of the Diplomatic Service, who is subjected to reprimand or higher disciplinary measures, is not eligible for consideration for promotion to a higher diplomatic title or rank while the decision on discipline remains effective.

Article 20.- The holder of a diplomatic title who is subjected to discipline shall be, depending on the form of the discipline, be demoted from his/her diplomatic title or rank. If he/she is forced to quit his/her job, or if he/she commits an offense and is convicted by the Court and the verdict has taken legal effect, he/she shall have his/her diplomatic title and rank revoked.

Chapter VI

OBLIGATIONS AND INTERESTS OF HOLDERS OF DIPLOMATIC TITLES

Article 21.- The holder of a diplomatic title has the obligations:

1. To be absolutely loyal to the Motherland, the people and the State of the Socialist Republic of Vietnam;

2. To seriously carry out the line and policies of the Party and the law of the State, the statutes and regulations of the Diplomatic Service;

3. To protect the national interests, the State secrets and the honor of the nation;

4. To constantly train and study to raise their standard and capacity in politics, profession and foreign languages, and to preserve the dignity of the government employees of the Vietnam Diplomatic Service;

5. To fulfill well all the tasks assigned.

Article 22.- The holder of a diplomatic title in active service is entitled to all rights and interests of State employees. The nomination and promotion to diplomatic titles and ranks is a basis for the assignment, training and raising the standard of the government employees, assignment to posts and allocation of wages in conformity with the common stipulations of the State concerning the wage regime.

Article 23.- The holder of a diplomatic title is entitled to use his/her diplomatic title in external relations activities but not for any other purpose which is contrary to the prescriptions of law .

Article 24.- The holder of a diplomatic title is protected by law and is assisted by the authorized State agencies when he/she carries out his/her public service.

Article 25.- The holder of a diplomatic title is issued with a certificate of his/her diplomatic title and rank. The form of the certificate and the procedures for its issue shall be provided for by the Government.

Article 26.- The persons who violate the provisions of this Ordinance and related legal documents shall, depending on the extent of their offenses, be disciplined, put to administrative sanctions or examined for penal liability.

Chapter V

IMPLEMENTATION PROVISION

Article 27.- This Ordinance takes effect from the date of its promulgation.

All the earlier provisions which are contrary to this Ordinance are now annulled.

Article 28.- The Government shall provide details for the implementation of this Ordinance.

For the Standing Committee

of the National Assembly,

Chairman

NONG DUC MANH